Originally posted on https://yycemploymentlawgrp.com/wrongful-dismissal-lawyers-calgary/
Have you been recently “laid off” or “let go” from your position? If you didn’t receive reasonable notice or adequate pay-in-lieu, this might be wrongful dismissal at play.
Wrongful dismissal often plays out exactly how it sounds: an employee is terminated from their position without fair notice, or pay-in-lieu (also known as severance). These scenarios are one-sided, unlawful, and simply wrong.
But we see these cases continuously in our Calgary-based employment law firm, and we want to educate our clients and the public on their rights when facing wrongful dismissal in the workplace.
AM I EXPERIENCING WRONGFUL DISMISSAL?
No matter how your employer is phrasing the impending termination of your work relationship, you may be facing wrongful dismissal. Often, employers will use terms like “packaged out” or “laid off” to minimize the seriousness of the situation. Regardless of the reason behind your “without-cause” termination, you still have rights when it comes to your severance.
Employers in Alberta have strict minimum guidelines laid out in the Employment Standards Code, and there are clear rules regarding reasonable notice and severance, both under statute and at common law.
Employers should be calculating common law reasonable notice and severance giving regard to a few key factors:
- Age of employee
- Length of service
- Nature of employment (management, for example)
- Availability of similar jobs at the time of termination
If these factors aren’t properly taken into consideration during your termination, you may need the guidance of an employment lawyer.
Unless your contract says otherwise, you’re entitled to both the statutory minimum termination pay under the Employment Standards Code and common law reasonable notice or pay-in-lieu. For your employer to hold otherwise is a breach of contract.
Sometimes wrongful dismissal can result due to an employer making false claims about having “just cause” when it comes to your termination. In these situations, they may try to withhold your financial entitlements that should be included in your severance package.
When employers take this aggressive approach to rid themselves of their legal obligations to you, it’s essential to stand up for your rights. Some employers make false allegations to avoid paying you what is rightfully yours, and this is simply unacceptable.
Other times, employers falsely believe your conduct was sufficiently improper to terminate you. Typically with an absent evidence of serious wrongdoing, employers are wrong in this regard.
WRONGFUL DISMISSAL LAWYERS FOR “WITH CAUSE” CLAIMS
IT’S YOUR MONEY, NOT OURS
Our Commitment to You
FEES THAT DON’T BREAK THE BANK –
As employment lawyers dedicated to Calgary’s workforce, we are committed to charging only reasonable flat-rate fees for our legal services. We can proceed incrementally to avoid having you pay a hefty, all-inclusive retainer fee up-front to get your file going.
We understand you’ll probably need those funds to sustain you and your family until you can secure new employment down the road or until we can settle your matter.
If you can find lower flat-rate fees for comparable legal services in Calgary, let us know because we want to hear about it. We’ll not only match these fees, but we’ll also beat them by 10%.
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Trust Our Employment Calgary Lawyers
In our opinion, nothing is more insufferable than an employer who ignores the legislation that protects Albertan employees facing termination in the workplace. You have rights when it comes to fair severance and reasonable notice, and we want to ensure you stand up for these rights.
Employers may try to make claims against you in an attempt to withhold what is lawfully yours, so before signing your severance agreement, please speak to us and find out how to protect yourself.
Seeking legal counsel can feel daunting. Here at YYC Employment Law Group, we work exclusively with employees.